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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 13-4957

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
v.
AKEEMA KHIRY PRINGLE, a/k/a Keem,
Defendant - Appellant.

No. 14-4027

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
v.
OTIS SAMUEL, JR., a/k/a O,
Defendant - Appellant.

Appeals from the United States District Court for the District
of South Carolina, at Florence.
R. Bryan Harwell, District
Judge. (4:13-cr-00321-RBH-2; 4:13-cr-00321-RBH-1)

Submitted:

June 26, 2014

Decided:

July 15, 2014

Before KEENAN and DIAZ, Circuit Judges, and HAMILTON, Senior


Circuit Judge.

No. 13-4957 affirmed and No. 14-4027 affirmed in part; dismissed


in part by unpublished per curiam opinion.

J. Thomas McBratney, III, MCBRATNEY LAW FIRM, P.A., Florence,


South Carolina; William F. Nettles, IV, Assistant Federal Public
Defender, Florence, South Carolina, for Appellants.
Alfred
William Walker Bethea, Jr., Assistant United States Attorney,
Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Pursuant
Khiry

Pringle

to

their

and

written

Otis

plea

Samuel,

agreements,

Jr.,

Akeema

(collectively,

Defendants), pled guilty to conspiracy to possess with intent


to distribute five kilograms or more of cocaine, 280 grams or
more of crack cocaine, and a quantity of marijuana, in violation
of 21 U.S.C. 841(a)(1), (b)(1)(A) (2012) and 21 U.S.C. 846
(2012).

While Pringle entered into a standard plea agreement,

Samuel, by contrast, negotiated an agreement pursuant to Fed. R.


Crim. P. 11(c)(1)(C), in which the parties stipulated that a
180-month term of imprisonment was appropriate.
Pringle
substantial

received

assistance,

see

both
U.S.

downward

departure

Sentencing

for

Guidelines

his

Manual

(USSG) 5K1.1 (2012), and a downward variance, which resulted


in a 156-month sentence well below Pringles career offender
Guidelines range of 262-327 months imprisonment.

In Samuels

case, the district court accepted the sentencing stipulation,


awarded

USSG

5K1.1

substantial

assistance

reduction,

sentenced Samuel to 121 months imprisonment.

and

These appeals

timely followed.
Defendants attorneys have filed a consolidated brief
pursuant to Anders v. California, 386 U.S. 738 (1967), averring
that

there

review

of

are

no

meritorious

Defendants

appellate

convictions
3

and

issues

but

Pringles

seeking

sentence.

Counsel for Samuel notes that we lack jurisdiction to review


Samuels

sentence

because

it

Rule 11(c)(1)(C) plea agreement.

was

the

result

of

Although Samuel filed a pro se

supplemental brief challenging the factual basis for the drug


quantity attributed to him for sentencing purposes, he has moved
to withdraw his brief.

Pringle likewise was advised of his

right to file a pro se supplemental brief, but has declined to


do so.

The Government has not filed a response.


For the reasons that follow, we affirm the criminal

judgment in Pringles case (Appeal No. 13-4957), and affirm in


part

the

4027).

criminal

judgment

in

Samuels

case

(Appeal

No.

14-

Specifically, we affirm Samuels conviction, but dismiss

Samuels

appeal

Further,

we

of

grant

his

sentence

Samuels

for

motion

lack

to

of

jurisdiction.

withdraw

his

pro

se

supplemental brief.
Because

neither

Pringle

nor

Samuel

moved

in

the

district court to withdraw his guilty plea, we review the Rule


11 hearing for plain error.
517,

525

Defendants

(4th

Cir.

must

United States v. Martinez, 277 F.3d

2002).

establish

To
that

prevail
an

under

error

this

occurred,

standard,
that

this

error was plain, and that it affected their substantial rights.


United
2009).
court

States

v.

Massenburg,

564

F.3d

337,

34243

(4th

Cir.

Our review of the records establishes that the district


complied

with

the

mandates
4

of

Rule

11,

ensuring

that

Defendants

guilty

pleas

were

knowing

and

supported by an independent basis in fact.

voluntary

and

We therefore affirm

Defendants convictions.
We

review

Pringles

below-Guidelines

sentence

reasonableness, applying an abuse of discretion standard.


v. United States, 552 U.S. 38, 46, 51 (2007).

for
Gall

This review

requires consideration of both the procedural and substantive


reasonableness of the sentence.

Id. at 51.

We first assess

whether the district court properly calculated the defendants


advisory Guidelines range, considered the factors set forth in
18 U.S.C. 3553(a) (2012), analyzed any arguments presented by
the parties, and sufficiently explained the selected sentence.
Id. at 4951; see United States v. Lynn, 592 F.3d 572, 57576
(4th Cir. 2010).
substantive
totality

of

If there is no procedural error, we review the

reasonableness
the

of

the

circumstances

to

sentence,
see

examin[ing]

whether

the

the

sentencing

court abused its discretion in concluding that the sentence it


chose satisfied the standards set forth in 3553(a).

United

States v. MendozaMendoza, 597 F.3d 212, 216 (4th Cir. 2010).


We have thoroughly reviewed the record and conclude
that Pringles sentence is both procedurally and substantively
reasonable.

We

find

no

error

in

the

district

courts

computation of Pringles Guidelines range, including the career


offender

designation,

the

opportunities
5

the

court

provided

Pringle and his counsel to speak in mitigation, or the courts


explanation of the sentence imposed by reference to the relevant
3553(a) factors.

See United States v. Chandia, 675 F.3d 329,

34142 (4th Cir. 2012) (recognizing that a sentencing court is


not required to provide a lengthy explanation or robotically
tick

through

3553(a)s

every

subsection,

particularly

when

imposing a below-Guidelines sentence (internal quotation marks


and alteration omitted)).

Finally, Pringles below-Guidelines

sentence is presumptively substantively reasonable, see United


States

v.

Susi,

674

F.3d

278,

289

(4th

Cir.

2012),

and

we

discern no basis in the record to overcome this presumption.


Finally, we agree with counsel for Samuel that we lack
jurisdiction to review Samuels sentence.

The federal statute

governing appellate review of a sentence, 18 U.S.C. 3742(a),


(c) (2012), limits the circumstances under which a defendant may
appeal a sentence to which he stipulated in a Rule 11(c)(1)(C)
plea agreement to claims that his sentence was (1) imposed in
violation of the law, (2) imposed as a result of an incorrect
application

of

the

Guidelines,

or

(3)

is

sentence set forth in the plea agreement.

greater

than

the

United States v.

Calderon, 428 F.3d 928, 932 (10th Cir. 2005).

None of these

exceptions

less

apply

here.

Samuels

sentence

was

than

the

applicable statutory maximum of life imprisonment and, due to


the downward departure, was less than the sentence that he had
6

bargained for with the Government.


not

imposed

Sentencing
agreement

as

result

Guidelines

not

Guidelines.

on

of

an

because
the

Moreover, the sentence was

incorrect

it

was

district

application

based

courts

on

the

of

the

parties

calculation

of

the

United States v. Brown, 653 F.3d 337, 33940 (4th

Cir. 2011); United States v. Cieslowski, 410 F.3d 353, 364 (7th
Cir. 2005).

Accordingly, we conclude that review of Samuels

sentence is precluded by 3742(c).


In

accordance

with

Anders,

we

have

reviewed

the

records in these cases and have found no meritorious issues for


appeal.

We

therefore

affirm

the

criminal

judgment

against

Pringle and affirm Samuels conviction, but dismiss the appeal


of

Samuels

sentence.

Finally,

we

grant

withdraw his pro se supplemental brief.

Samuels

motion

to

This Court requires

that counsel inform their clients, in writing, of the right to


petition

the

Supreme

review.

If

either

Court

of

requests

the
that

United
a

States

petition

be

for

further

filed,

but

counsel believes that such a petition would be frivolous, then


counsel

may

move

representation.
was

served

on

in

this

Court

for

leave

to

withdraw

from

Counsels motion must state that a copy thereof


his

client.

We

dispense

with

oral

argument

because the facts and legal contentions are adequately presented

in the materials before this court and argument would not aid
the decisional process.
No. 13-4957 AFFIRMED
No. 14-4027 AFFIRMED IN PART;
DISMISSED IN PART